Marine Orders Part 63 Amendment 2012 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L01304 Not in force Legislative Instrument

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Explanatory Statement

Marine Orders Part 63 Amendment 2012 (No.1) (Order 2012/5)

AUSREP

Authority

  1.    Section 269D of the Navigation Act 1912 (Navigation Act) provides that the regulations may make provision for, and in relation to, the reporting requirements:

(a) of all ships (other than Australian ships) that are in, or in the process of entering or leaving, the prescribed area in relation to a reporting matter; and

(b) of all Australian ships wherever located.

 

2.      Subsection 425(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.

3.      Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.

4.      This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

5.      Consistent with Australia’s obligations under the International Convention for the Safety of Life at Sea (SOLAS), Marine Orders Part 63 (MO63) provides a system (AUSREP) for the reporting of the movement or intended movement of ships within the Australian ship reporting area (AUSREP area).  This Order amends MO63 to ensure the Automatic Identification System (AIS) that SOLAS requires certain ships to be fitted with is used for AUSREP. This Order also makes some changes due to Marine Order 1 (Administration) (MO1).

Overview

6.      Regulation 19.2.4 of Chapter V of SOLAS required the following ships to be fitted with AIS by 1 July 2008:

  • all ships ≥ 300 GT engaged on international voyages
  •  cargo ships  ≥ 500 GT not engaged on international voyages
  • passenger ships irrespective of size.

 

7.      Given this improved reporting capability of ships, AIS-via-Satellite is now AUSREP’s preferred vessel tracking system for keeping search and rescue (SAR) watch. The amendments made by this Order are to enable AIS to be used by ships to automatically provide ship reports to Australia’s rescue coordination centre RCC Australia. It also makes a number of editorial amendments to simplify the Order.

Consultation

8.      A copy of the draft Order was placed on AMSA’s website on 13 April 2012 for stakeholders to consider and provide feedback before 14 May 2012. In addition, a copy of the draft Order was emailed to industry stakeholders for comment. Only 5 responses were received and they were to the effect that they had no comment on the draft.

9.      The Office of Best Practice Regulation (OBPR) was consulted on the proposed Order. OBPR considered that the regulatory impact of the Order is of a minor or machinery nature and no further analysis in the form of a Regulation Impact Statement is required (OBPR reference number 2012/13649).

Documents incorporated by reference

10.  This Order incorporates the following documents by reference:

  • the IMO Standard Marine Communication Phrases
  • Regulation 19.2.4 of Chapter V of SOLAS.

11.  Copies of those documents may be purchased from:

International Maritime Organization (IMO)
       4 Albert Embankment, London SE1 7SR
       Telephone +44(0)20 7735 7611
       Facsimile +44(0)20 7587 3210
       IMO website: http://www.imo.org
 

12.  A list of distributors who maintain permanent stock of all IMO publications is on the IMO website.  Information on obtaining copies of IMO documents referred to in this Order is on AMSA’s website: http://www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au.

Commencement

13.  This Order commences on 1 July 2012.

Contents of this instrument

14.  Sections 1, 2 and 3 of the Order set out the name of the Order, its commencement date and that Schedule 1 amends MO63.

15.  Item 1 of Schedule 1 inserts a naming provision into MO63.

16.  Item 2 amends a reference to a SOLAS regulation to refer to the most appropriate regulation.

17.  Item 4 inserts definitions of new terms used in the Order or terms that require definition, together with notes referring to MO1 and how to source IMO documents.

18.  Item 6 substitutes provision 6 with a new provision so the obligation to report is easier to understand.

19.  Item 8 substitutes a new provision 1.2.2 in the Schedule to specify that email or HF DSC can be used to transmit a Sailing Plan to RCC Australia if Inmarsat-C cannot be used.

20.  Item 10 amends the information ships must give in a Sailing Plan because, due to the introduction of AIS, POLLING will no longer be used by the RCC to access information from ships.

21.  Item 11 expands the details of defects or other limitations that affect the safety of the ship that must be given in a Sailing Plan to include AIS malfunction.

22.  Item 13 substitutes new clauses in the Schedule for clauses 2.1 to 2.3 to require ships to only submit Position Reports using AIS. The master of a ship is required to ensure the information transmitted is the information required by Regulation 19.2.4 of Chapter V of SOLAS and that the AIS is operated in accordance with that SOLAS regulation. The master of a ship must also report any malfunction of a ship’s AIS to RCC Australia using the listed methods.

23.  Item 14 substitutes a new clause 3.2 in the Schedule to specify that email as well as HF DSC and Inmarsat-C can be used to submit a Deviation Report.

24.  Item 16 substitutes a new clause 4.2 to specify that email as well as HF DSC and Inmarsat-C can be used to transmit a Final Report to RCC Australia.

25.  Items 12, 15 and 17 respectively delete the option for RCC Australia to forward a Position Report, a Deviation Report or a Final Report to the US Coast Guard. Ships may send their reports directly to the US Coast Guard if desired.

26.  The remaining items make various amendments of a drafting nature, including:

  • omitting redundant definitions
  • changing references to Part to Order
  • changing the Appendices to Schedules.

Compatibility with human rights

27.  AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Making the instrument 

28.  This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.

Overview

The Marine Orders Part 63 Amendment 2012 (No.1) (Order 2012/5) was enacted to address the need for modernising Australia's ship reporting system (AUSREP) in line with the International Convention for the Safety of Life at Sea (SOLAS) and to incorporate technological advancements such as the Automatic Identification System (AIS). This amendment was necessary to enhance the efficiency and accuracy of maritime reporting, ensuring that all ships, both Australian and foreign, comply with updated international standards. The Australian Maritime Safety Authority (AMSA), acting under the authority conferred by the Navigation Act 1912, was responsible for enacting this Order. The policy objective is to streamline the reporting processes by leveraging the AIS technology, which is mandated by SOLAS, to automatically provide ship reports to Australia’s rescue coordination centre, thereby improving maritime safety and search and rescue operations.

Scope and Application

The Marine Orders Part 63 Amendment 2012 (No.1) (Order 2012/5) is a legislative instrument under the Navigation Act 1912, designed to update the Australian ship reporting system (AUSREP) to comply with Australia's obligations under the International Convention for the Safety of Life at Sea (SOLAS). This Order applies to all ships that are in, entering, or leaving the Australian ship reporting area, including all Australian ships wherever located. It mandates the use of the Automatic Identification System (AIS) for automatic ship reporting to Australia's rescue coordination centre, RCC Australia, aligning with the requirements set forth in SOLAS. The Order incorporates by reference the IMO Standard Marine Communication Phrases and Regulation 19.2.4 of Chapter V of SOLAS, which require certain ships to be fitted with AIS. The amendments aim to simplify the reporting process by enabling ships to use AIS for automatic reporting, and the Order also includes editorial changes to streamline the existing regulations. The Order came into effect on 1 July 2012 and was made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority in accordance with the Australian Maritime Safety Authority Act 1990.

Key Provisions

The Marine Orders Part 63 Amendment 2012 (No. 1) (Order 2012/5) amends Marine Orders Part 63 (MO63) to incorporate changes that align with Australia's obligations under the International Convention for the Safety of Life at Sea (SOLAS), specifically the requirement for ships to be fitted with Automatic Identification System (AIS) as per Regulation 19.2.4 of Chapter V of SOLAS. This amendment aims to ensure that AIS is used for the Australian Ship Reporting System (AUSREP), which provides a system for reporting the movement or intended movement of ships within the Australian ship reporting area (AUSREP area). The Order also makes editorial amendments to simplify the Order (Item 1, Item 4, Item 16, Item 17, Item 25). These changes are designed to streamline the reporting process and make it easier for ships to comply with the regulations. The primary obligations imposed by the Marine Orders Part 63 Amendment 2012 (No. 1) (Order 2012/5) on the parties it governs include ensuring that ships comply with the AIS requirements as stipulated in Regulation 19.2.4 of Chapter V of SOLAS. Shipmasters are required to ensure that their ships' AIS is operated in accordance with SOLAS regulations and that any malfunction of the AIS is promptly reported to the Australian rescue coordination centre RCC Australia. Furthermore, the Order mandates that ships submit Position Reports, Deviation Reports, and Final Reports using AIS. In addition, the Order specifies that these reports can be transmitted to RCC Australia using various methods, including email, HF DSC, and Inmarsat-C (Item 13, Item 14, Item 16). The Marine Orders Part 63 Amendment 2012 (No. 1) (Order 2012/5) does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, given that the Order is made under the authority of the Navigation Act 1912, it can be inferred that breaches of the regulations may be subject to the penalties outlined in that Act. Typically, under the Navigation Act, breaches of reporting requirements or failure to comply with regulations can result in fines and potential imprisonment. The exact penalties would depend on the specific breach and the discretion of the court. For precise details on penalties, one would need to refer to the relevant sections of the Navigation Act.

Legal classification tags

Area of Law
Maritime Law
Instrument
Order
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.